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  1. Hi, I was director of a company that went into liquidation in June 2020. Since then I had received some personal correspondence from Shoosmith regarding debt owed to Screwfix however I was told to ignore it by the liquidators. I have recently received a county court claim from them for monies owed under a personal guarantee signed in 2014. I had absolutely no idea I was signing a personal guarantee at the time and believe the account application form was misleading. I attach the application form where clause G states about guarantee personal performance. I have requested they provide a copy of the T & Cs noted on the application but they have not been able to provide these. Instead they sent me a 2020 version of the application which had the T & Cs included on the same document. I have contacted them by email without prejudice stating several reasons for my defence (undue influence, negligent misrepresentation etc) and offered a minimal out of court settlement. But they replied that my defence is ‘hopeless’. Any advice on how to defend this would be very much appreciated. IMG_6717.jpg.pdf IMG_6716.jpg.pdf
  2. Hi, I'm looking at threads 411036, 281753 and 374505, which are closed. I have the same situation. I signed the attached document in October 2016 and resigned as a director (change of personal circumstances) in November 2016. In August 2019 the company defaulted on their account and in November 2020 the Trade UK solicitor chased me for the payment. Of course, 3 years after I had left I knew nothing about the running of the account. To this date I had never been contacted personally by Trade UK, despite me being named on this document as the "Account Contact". I had no idea I had signed a personal guarantee. I didn't provide any personal details other than my name and d.o.b,; and the for states that they "may search Experian" for verifying my identity. It doesn't make clear that this is a personal guarantee. I don't see the outcome of any of the threads above - although one contributor says they made a settlement (but I believe their contract was worded slightly differently). Can anyone advise on this? Many thanks indeed in anticipation.
  3. Knock at the door at ten to seven this morning. "I'm a high court enforcement officer, you owe money to Screwfix and we are removing goods." Did owe Screwfix money in 2015 but all repaid. I asked for identification, nothing forthcoming except he said he worked for Court Enforcement Services. I said sorry pal but you're getting nowt. Told me he was there until my goods were removed and would force entry with a writ and the police. I said that as far as I was aware he couldn't gain access and I had received no paperwork with regard to said debt. He showed me on a tablet that they sent me a letter on October 11th. I asked how much is the supposed debt for. I was told 1400 for the debt, 5.11 for interest and 1000 fees. Told me they would be taking my 2006 sign written van in payment. I said i needed it for work and thought work equipment uptown 1350 was exempt (been googling trying to find what the hello was going on) I again said he was getting nothing. He told me to hire a van once mine was gone. He told me he could knock 700 off the total for immediate payment. At this point I began to definitely beginning to think there was a rabbit off. I took some tools out the back of my van and jumped into the wifes car on the road. I didn't even get the key in the ignition when he rang my mobile saying I could have my van if I sorted at least something there and then. I said no, hung up and drove off. What the hello happened and where do i start trying to investigate what happened? I did phone the police who said they would send somebody out sometime today but anything else was a civil matter. But did take his registration number. Any help or information would be most grateful.
  4. I was the director of a company that had a trade account with screwfix. When the account was opened it was opened in the ltd companies name and I was never told about an directors guarentee. The application form that I signed had been photocopied that many times most of the writing on it was illegible.. Stupidly I signed it and opened the account. A couple of years later the company got into financial difficulties, became insolvent and folded. I soon received word from screwfix`s solicitors that I had signed a directors guarantee and was personally liable for the company debts to screwfix. I got a copy of the original agreement and it is totally illegible.. You can barely read any text on the agreement out it is that bad. Ive to go to court next month as I`ve contested the claim as I was unaware I was signing such a guarantee and am unsure if they can enforce this as what Ive signed is unreadable. Does anyone know if this can be enforced if its illegible and I wasn`t informed I was signing such guarantee ?? here is a copy of the guarantee drive.google.com/file/d/0B6TE6OZvjMKGSVVMLWY3NE9uUHc/view?usp=sharing UNfortunately I cannot post links so you will need to copy paste the link above bump Thanks in advance for any advice on this issue
  5. Dear all, I mistakenly filled in a credit application for Screwfix in 2013 for a trade account (for a company I used to work at). This company has recently gone into administration and I have been sought after to settle the outstanding amount (nearly £1000) - as apparently the credit application doubled up as a "personal guarantee". Their credit app was not clear to me & it was blurred out and photocopied on a number of occasions. (yes I know I shouldn't have signed something I couldn't read) In addition I resigned and left the company in 2014. How can two different legal entities sign a credit app (as director) but also as personal (for a guarantee - without it being made clear?
  6. Hi There, recently I had a business which is now being liquidated, no stock, no cash etc, nothing left. I signed a form as a credit application as director when obtaining some goods from screwfix. I have just got a claimform in the post claiming the money, and claiming that I signed a personal guarantee, this credit application also had my business address and accountants addres, not my home address. My accountant has forwarded this to me, who I also no longer deal with. so should i just ignore this Court form? 1, it's not a personal guarantee 2, they don't have my correct address what would happen if i ignore this? any help would be much appreciated.
  7. Hi all. I was running a limited company as a director until may last year when it all went wrong. Most of my suppliers were paid except a couple, one of which was screwfix. I have just had a letter from shoesmiths solicitors saying that I have a personal guarantee and that they have gone to court to get a ccj on my personal name and file. I have checked the paperwork and I am liable. The only question is that if I offer a repayment offer and the accept this and I get a ccj. Can they they push this straight to the high Court for a writ as the amount is approx £2200. I am happy to pay the debt but don't want a hceo knocking on my door. Look forward to any assistance. Thanks I just want to know that if I keep up the accepted repayments can they still transfer the ccj to the high courts.
  8. Hi All I know a previous post had a issue with a Credit Application Form that also sought to imposed a Personal Guarantee as well. I have a issue with a Credit Application Form that I signed back in early 2008 for a Screwfix Direct company credit account. Screwfix's solicitors are now chasing me because the company has gone into administration. The application form did not have a clause under the Legal Requirements section that this was also a personal guarantee, but did have the following wording above the signature box "I the director agree to guarantee performance of all the company's financial obligations to Screwfix Direct Ltd and its subsidiaries". I had signed tens of credit account applications during my time as a director, but never spotted the wording on this one. The comments from the previous posts seemed to suggest that because the section is not headed in bold "Guarantee" but "Agreement" and the signers attention is not specific drawn to the above wording, that this could be classed as "misrepresentation". I have used this argument with Screwfix's solicitors, which they dismissed, but hope that somebody has already had this same issue and have some more positive arguments that I can use in my case. I am hoping that poster toddle2u my be able to shed some usefull information. Any thoughts or advice would be very helpfull. onthefloor
  9. i know weve seen a few screwfix claims here but i dont think we've lost to date can we just confirm WHAT you receive was NOT a letter of claim as per my example and that the solicitors stated client is screwfix please on their letters and not some powerless debt buyer too..
  10. Hi Back in 2009 me and my South African business partner started a company called ##### Ltd. we done well in our 1st year and we're advised to become a Ltd Co by our acc. My business partner was sole director for the 2nd year of business and I became a director at the start of the 3rd. The 3rd year went well also and we started to acquire a few trade/credit accounts, all of which we kept in good stead. Coming to the end of the 3rd year my business partner starting acting strangely, not arriving for work and when he did not in a fit state for anything! We eventually parted company by the beginning of the 4th year and had him removed from the directors list. He was more on the financial side of the business, running the office/orders etc, and I was out on the tools. It wasn't until his demise that I found that he had taken out 3/4 credit agreements (2 x trade acc and 2x company cards 1 of which I managed to cancel) for ##### Ltd and with a personal guarantee signed by him as my signature!! I have managed to talk sense to 2 of the remaining 3 creditors (RK Solar Ltd is currently in the dissolution process, due to the debt incurred) but one creditor namely "Trade UK" has today sent a high court enforcement agent to my private residence to give "notice after entry or taking control of goods (on a highway) and inventor of goods taken into control" My wife was in to receive this and was scared to death by his persona! 1# I DID NOT sign this agreement for a personal guarantee. 2# This credit agreement is for ##### Ltd (not Mr Ryan Richardson) 3# The credit agreement states that only a company director can sign this agreement (making this not a personal guarantee for an individual) COPY OF THIS AGREEMENT CAN BE FOUND HERE: PM me for link If someone can please let me know where I stand with this, my wife who is sole tenant on our private residence is so scared now that we are going to have collection agents busting into our house and taking things (we have very little/nothing after paying off rk solars debts) to pay off a debt that I feel has nothing to do with me!? The business partner in question is currently residing back in SA spending the £17.000.00 he managed filter out the business over the years, leaving me and my young family to have to deal with the aftermath! WHAT CAN I DO? ANY HELP IS WELCOME 100% Thanks in advance, Ryan.
  11. You can get them at Screwfix click & collect https://www.screwfix.com/p/type-1-single-use-3-ply-face-mask-10-pack/894kh
  12. You really must read those screwfix threads. Understand the whole court process. defence is not due till day 33 have you done AOS and sent CPR?
  13. please complete this: as for 1+2. 'they' can't send bailiffs anywhere , that's down to if the court latterly allow that and ofcourse him losing the case, which if you go read those screwfix threads i pointed too earlier, without a signed PG, is extremely unlikely, and they've failed to send a letter of claim? and they've used a company name not his so dont worry about the credit file.. pers as i said, they are flying a kite and havent got a clue what they are doing or how to do it properly. get that link done please
  14. Thank you for advice and I have been reading the Screwfix posts. They are not a very nice company they removed my hubby's paint scheme a few months ago as they were not making money from us (we have to buy their goods) which we could not do anyway as there was an amount outstanding on the account. Not even interested in taking into account that from 4/5 months we had no income in whatsoever due to 2nd lockdown, the balance we owe is £540, I could understand if it was thousands. They have customers such as McLaren so not short of a penny or two. Thanks again and will wait to see if they go down the court route. Does GDPR allow them to keep our home address on record if they have a business address to use?
  15. i don't believe that constitutes a pers guarantee have a look at the Screwfix threads here on CAG. Programmable Search Engine (google.com) <<clickme
  16. Hi I have an account with screwfix in which I believe the terms and conditions were me being billed at the end of the month and then getting a further 28 days or 1 month to pay. I could not afford to pay my bill I ran up in January/February which totalled around £7-800. I wrote to them in may explaining that I had been having difficulties and that I will be in touch with a repayment proposal, I enclosed a token payment of around £50 with this in the hope it will keep them happy. Since then I have tried to negotiate on the telephone with the DCA they set on me but they demanded the full amount and refused to negotiate. I wrote to them offering a minimum of £40 per month but in it I wrote I'd hope to pay it off sooner. This letter went ignored but I have continued to pay them a monthly amount by cheques which they have banked in May approx £50, june £88.03, in July £57.20 and August £96.66 (they have not banked august's cheque yet) Balance is now down to approx £440 They have now started a court claim against me http://s584.photobucket.com/albums/ss290/thk1111/Screwfix/ I admit to the claim but I don't believe they should be able to charge me 8% interest from the day that they were claiming because It was an interest free account, I think they have been heavy handed in taking me to court as I was making an effort to pay above what I could afford so feel that having to pay a court fee and solicitors is unfair and uneccasary. I went to file an acknowledgement of service online but there is no password on the claim form? Why is that? Do I have to do it by post? Is there any way of me not paying the court & solicitor fees and 8% interest or am I stuck with them now? Should I admit to all of the claim or part of (and make a repayment offer) or defend the claim in full? Thanks
  17. Hi Peter I realise that this is quite an old post, but I have recently received the very same letter from screw fix solicitors with the same guarantee wording signed by me. Could you let me know how you got on with your defence as I am about to reply using the wording given in reply to your post. Many thanks Nick
  18. Here's some late night reading for you https://www.consumeractiongroup.co.uk/search/?q=screwfix&quick=1
  19. Can I just say Viesman boilers are one of the best around. Obviously if they have not been fitted correctly it can lead to problems. Power flush is the favourite costly add on for installers which is not necessarily needed. Chemical cleaning and magnetic filters give a much better result long term. Drop a message onto the Screwfix forum, some really knowledgable installers on there.
  20. Hey King, Part of the £2.5k was a power flush it was also drained twice and then additives added. The guys that did the install that also came out to investigate and came up with the £700 figure are trying to pull a fast one, he told my partner the pump model thinking she wouldn't note it down and I have found it for £270 at screwfix, it goes on the cold water inlet before it hits the boiler and would take someone an hour to install as it is just removing a section of pipe and adding two fittings that screw onto the pump and hold it in place, if I had the time and tools I would even consider doing it. https://www.screwfix.com/p/salamander-pumps-homeboost-hb-booster-mains-water-boosting-pump-1-6bar/75286 Going to give the guy that repaired the old one and fitted our hob a call tomorrow and see what his charge to fit it will be and then go to E-On with that quote and see what they come up with. Cheers
  21. Is this letter ok? I am going to e-mail them my offer Dear Sirs You have issued a claim against me regarding a Screwfix account. I believe this was unnecessary as I was reducing the balance and had made several attempts to enter negotiation with Screwfix. Screwfix are aware of my financial situation and the reasons I have found it difficult to clear the balance when I wrote to them in May. In this letter I informed them that I will be in touch with a repayment proposal shortly and enclosed a payment of £49.03 I then wrote to them in June and offered Screwfix a minimum of £40 per month but would hope to pay more and enclosed payment of £88.03. My letter went ignored but I have continued to make payments of £57.20 in July and £96.66 in August. Screwfix chose not to write back to me to reject my offer but have continued to send me monthly statements showing my reduction of the balance. I therefore assumed that as Screwfix were cashing my monthly payments and had not rejected my proposal that we were in agreement with my offered payment plan. I have now received a Claim form by yourselves from Basingstoke Court, I am unable to afford the extra Costs, Fees and Interest that have been added and also believe that this addition to the balance is deeply unfair because I have made every attempt to negotiate with Screwfix and I have exceeded the minimum monthly payments I had offered. Please except my offer of Final settlement of the full remaining balance of the original amount borrowed: £446.14. If accepted please provide me with an address to make payment to and I can settle the balance out of court within 14 days of this e-mail. I look forward to your Reply Yours Sincerely Avocados
  22. I went to screwfix today (first time) to get some bits and bobs, filled in the Argos style product code slip and went to the counter. Once there, the assistant took the slip, then asked for my full name, postcode and house number, i asked what they would be needing them for and she replied that they need to make a customer account and if i don't give my address and name she wont be able to take my order. Stupidly i gave my real address (i hate company's sending me post + they always seem to sell my details on, as i will receive, no doubt, catalogs, flyer's, special offers etc from every DIY store in the UK now) The other thing that me, after i had put my pin in, she asked to see the card, i was dubious, but i handed it over, she proceeded to read off it and type it in the computer, i asked what on earth she was doing writing down my card details, reply was to finish off my customer account by adding the last few digits of my card number. I know this may seem extremely pedantic to most, but it royally annoyed me. Can I write to them and ask them to delete my address and any other details, under the Data Protection Act or other? Thanks
  23. Hi Sorry if its the wrong Forum, But thought I would tell you a story about My Visit To Screwfix Direct Today in YEOVIL who I believe are now owned By the B&Q Group. They have various trade outlets throughout the uk. Aintree-Birmingham -Bristol - Chester -Colchester -Crawley - Derby - Doncaster - Enfield -Gateshead - Gloucester - Harlow - Hull -Kettering - London - Luton - Shrewsbury - Reading -Stockport - Swindon - Yeovil Any way went in this morning & just wanted to order my bits & go I was sort of in a Hurry, I always get fed up with the 1st question they ask which is can We take your postcode ? I always assumed it was just a customer database for catalogues etc, must have had loads off them so I am on there database, then they confirm Name & House Number & its always crowded you never know who`s listening do you ? This lad was kind of shouting at me a bit rude (Got my back up) So I said I dont live in England So no I cant give you a postcode. I am in between a move to France So Yes its 117890, Do you send your catalogues to france ? ( THOUGHT TO MYSELF THATS THAT OVER NOW LETS TAKE MY ORDER) (Wrong) He then said Sorry I cant serve you then ! So he then asks a supervisor to come over who verifys that unless I can supply a uk postcode they can`t sell to me, So I said If I was homeless or of No fixed abode. You couldnt sell to me either, he confirms & says Yes I wouldnt be able to sell anything to you sir, I only went in there for a couple of quids worth of Screws,Nails, Not a fitted kitchen or anything Expensive, In the end I walked out & went to a independent. Not Knocking them they are a cheap hardware Outlet. Just really annoying attitude to post codes & what I think are semi personal info That I have to give out aloud everytime i visit the store so that I can make any purchase in this Outlet regardless of cost, So if your not From The Uk & might want to payscrewfix a visit, You will have to lie to them regarding your address & provide a valid uk post code, House Number & a Surname, same goes for people with no fixed abode, P.S I Am English & have lived here all my life. What do you lot Think ? Civil Libertys ? Anyone ?
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